Notice of Availability of Draft Environmental Impact Statement for the Surplus Plutonium Disposition Program and Announcement of Public Hearings

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Published

December 16, 2022

Issuing agencies

Energy DepartmentNational Nuclear Security Administration

Abstract

The National Nuclear Security Administration (NNSA), a semi- autonomous agency within the Department of Energy (DOE), announces the availability of a Draft Environmental Impact Statement for the Surplus Plutonium Disposition Program (SPDP EIS) (DOE/EIS-0549) in compliance with the National Environmental Policy Act of 1969 (NEPA). NNSA is also announcing a 60-day public comment period and four public hearings to receive comments on the Draft SPDP EIS. NNSA prepared the Draft SPDP EIS to evaluate the potential environmental impacts of dispositioning 34 metric tons (MT) of surplus plutonium.

Full Text

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<title>Federal Register, Volume 87 Issue 241 (Friday, December 16, 2022)</title>
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[Federal Register Volume 87, Number 241 (Friday, December 16, 2022)]
[Notices]
[Pages 77096-77098]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27152]

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DEPARTMENT OF ENERGY

National Nuclear Security Administration

Notice of Availability of Draft Environmental Impact Statement
for the Surplus Plutonium Disposition Program and Announcement of
Public Hearings

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice of availability and public hearings.

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SUMMARY: The National Nuclear Security Administration (NNSA), a semi-
autonomous agency within the Department of Energy (DOE), announces the
availability of a Draft Environmental Impact Statement for the Surplus
Plutonium Disposition Program (SPDP EIS) (DOE/EIS-0549) in compliance
with the National Environmental Policy Act of 1969 (NEPA). NNSA is also
announcing a 60-day public comment period and four public hearings to
receive comments on the Draft SPDP EIS. NNSA prepared the Draft SPDP
EIS to evaluate the potential environmental impacts of dispositioning
34 metric tons (MT) of surplus plutonium.

DATES: NNSA invites Federal and state agencies, Native American tribes,
state and local governments, industry, other organizations, and members
of the public to review and submit comments on the Draft SPDP EIS
through February 14, 2023. NNSA will hold four public hearings (three
in-person hearings and one online virtual hearing) to present
information and receive comments on the Draft SPDP EIS. This
information will also be published in local New Mexico and South
Carolina newspapers in advance of the hearings. Any changes to the
public hearing dates or locations will be announced in the local media
and posted on the following website at least 15 days before the hearing
date: <a href="https://www.energy.gov/nnsa/nnsa-nepa-reading-room">https://www.energy.gov/nnsa/nnsa-nepa-reading-room</a>.
The four public hearings on the Draft SPDP EIS will be at the
following dates, times, and locations:

------------------------------------------------------------------------
Date Time Location
------------------------------------------------------------------------
January 19, 2023............ Thursday; 6:00 p.m. North Augusta
to 9:00 p.m. Municipal Building,
Eastern Time. 100 Georgia Avenue,
North Augusta, SC
29841.
January 24, 2023............ Tuesday; 6:00 p.m. Carousel House at
to 9:00 p.m. Pecos River Village
Mountain Time. Conference Center,
711 Muscatel Drive,
Carlsbad, NM 88220.
January 26, 2023............ Thursday; 6:00 p.m. Duane Smith
to 9:00 p.m. Auditorium, Los
Mountain Time. Alamos High School,
1300 Diamond Drive,
Los Alamos, NM
87544.
January 30, 2023............ Monday; 7:00 p.m. to Online Virtual
10:00 p.m. Eastern Hearing.
Time. 6:00 p.m. to NNSA will post the
9:00 p.m. Central link before the
Time. 5:00 p.m. to hearing at https://
8:00 p.m. Mountain www.energy.gov/nnsa/
Time. 4:00 p.m. to nnsa-nepa-reading-
7:00 p.m. Pacific room.
Time.
------------------------------------------------------------------------

ADDRESSES: Written and oral comments will be given equal weight and
NNSA will consider all comments received or postmarked by the end of
the comment period in preparing the Final SPDP EIS. Comments received
or postmarked after the comment period will be considered to the extent
practicable. Written comments on the Draft SPDP EIS or requests for
information related to the Draft SPDP EIS should be sent by email to
<a href="/cdn-cgi/l/email-protection#0f5c5f4b5f224a465c4f61617c6e216b606a21686079"><span class="__cf_email__" data-cfemail="b3e0e3f7e39ef6fae0f3ddddc0d29dd7dcd69dd4dcc5">[email&#160;protected]</span></a> or to Ms. Maxcine Maxted, NEPA Document Manager,
National Nuclear Security Administration, Office of Material Management
and Minimization, P.O. Box A, Aiken, SC 29802. You may also comment by
phone by leaving a message at (803) 952-7434. Before including your
address, phone number, email address, or other personally identifiable
information in your comment, please be advised that your entire
comment--including your personally identifiable information--may be
made publicly available. If you wish for NNSA to withhold your name
and/or other personally identifiable information, please state this
prominently at the beginning of your comment. You may also submit
comments anonymously.
The Draft SPDP EIS is available online at: <a href="https://www.energy.gov/nnsa/nnsa-nepa-reading-room">https://www.energy.gov/nnsa/nnsa-nepa-reading-room</a> and <a href="https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program">https://www.energy.gov/nepa/doeeis-0549-surplus-plutonium-disposition-program</a>.

FOR FURTHER INFORMATION CONTACT: For further information about this
notice, please contact Ms. Maxcine Maxted, NEPA Document Manager,
National Nuclear Security Administration, Office of Material Management
and Minimization, P.O. Box A, Aiken, SC 29802; email: <a href="/cdn-cgi/l/email-protection#154645514538505c46557b7b66743b717a703b727a63"><span class="__cf_email__" data-cfemail="b3e0e3f7e39ef6fae0f3ddddc0d29dd7dcd69dd4dcc5">[email&#160;protected]</span></a>; or call (803) 952-7434 to leave a message.

[[Page 77097]]

SUPPLEMENTARY INFORMATION:

Background

NNSA prepared the Draft SPDP EIS pursuant to NEPA (42 U.S.C. 4321
et seq.), the Council on Environmental Quality's NEPA regulations (40
CFR parts 1500-1508) and the DOE NEPA implementing procedures (10 CFR
part 1021). NNSA's previous NEPA reviews and decisions regarding the
disposition of surplus plutonium are summarized in section 1.1 of the
SPDP EIS. The following paragraphs describe recent developments
relevant to the scope of the SPDP EIS.
In 2015, NNSA completed the Surplus Plutonium Disposition
Supplemental Environmental Impact Statement (SPD Supplemental EIS)
(DOE/EIS-0283-S2). In the SPD Supplemental EIS, NNSA evaluated the
environmental impacts of alternatives for dispositioning 13.1 MT of
surplus plutonium (7.1 MT of pit and 6 MT of non-pit) for which a
disposition path had not been assigned. The alternatives evaluated in
the 2015 SPD Supplemental EIS included the Mixed Oxide (MOX) Fuel
Alternative, the Waste Isolation Pilot Plant (WIPP) Alternative, and
two variations of waste immobilization. In addition, NNSA evaluated
four options for pit disassembly and conversion (pit disassembly and
conversion is equivalent to pit disassembly and processing [PDP] as
used in this Notice and the Draft SPDP EIS) using facilities at the
Savannah River Site (SRS) and Los Alamos National Laboratory (LANL). In
2015, NNSA announced its preferred alternative for the 6 MT of non-pit
surplus plutonium evaluated in the SPD Supplemental EIS was to prepare
this plutonium for eventual disposal at the WIPP facility in Carlsbad,
New Mexico (80 FR 80348, December 24, 2015). In a 2016 Record of
Decision (ROD), NNSA announced a decision to disposition the 6 MT of
non-pit surplus plutonium by downblending it with an adulterant
(downblending is a process equivalent to dilution in the dilute and
dispose strategy in the Draft SPDP EIS), packaging it as contact-
handled transuranic (CH-TRU) waste, and shipping it to the WIPP
facility for disposal (81 FR 19588). In the 2016 ROD, NNSA did not make
a decision about the disposition of the 7.1 MT of pit plutonium or
about the various options for pit disassembly and conversion that were
analyzed in the 2015 SPD Supplemental EIS.
In 2016, NNSA, partnering with the U.S. Army Corps of Engineers,
developed an independent cost estimate for the MOX Fuel Fabrication
Facility (MFFF) project, and concluded that the cost of the project,
upon completion of construction, would be approximately $17 billion,
and construction would not be complete until 2048. Congress directed
NNSA to prepare a lifecycle cost estimate for disposal of surplus
plutonium using the same approach announced for the 6 MT, now referred
to as the dilute and dispose strategy. The completed cost estimate
indicated that the estimate-to-complete lifecycle cost of the dilute
and dispose strategy would be substantially lower than the cost to
complete the MOX project. In response, the Secretary of Energy halted
construction of the MOX fuel project in May 2018 by waiving the
requirement to use funds for construction and support activities for
the MFFF per the National Defense Authorization Act. In a letter dated
May 10, 2018, the Secretary of Energy certified that ``the remaining
lifecycle cost for the dilute and dispose approach will be less than
approximately half of the estimated remaining lifecycle cost of the MOX
fuel program.'' On October 10, 2018, NNSA issued a notice of
terminating the contract for construction of MFFF. On February 8, 2019,
the U.S. Nuclear Regulatory Commission (NRC) terminated the
construction license for MFFF (NRC 2019). NNSA is preparing this SPDP
EIS to evaluate alternatives for disposition of the 34 MT of surplus
plutonium previously designated for disposition using the MOX fuel
program that no longer has a disposition path.
In 2020 NNSA prepared a Supplement Analysis (SA) based on the
analysis presented in the 2015 SPD Supplemental EIS. NNSA determined
that disposition of 7.1 MT of non-pit surplus plutonium was not a
substantial change in the action analyzed in the 2015 SPD Supplemental
EIS to disposition 7.1 MT of pit plutonium via the WIPP Alternative,
and that the environmental impacts had been sufficiently analyzed. NNSA
subsequently issued an Amended ROD (AROD) to include preparation of an
additional 7.1 MT of non-pit surplus plutonium for disposal as CH-TRU
waste at the WIPP facility (85 FR 53350, August 28, 2020). The SA and
AROD are available online at <a href="https://www.energy.gov/nnsa/nnsa-nepa-reading-room">https://www.energy.gov/nnsa/nnsa-nepa-reading-room</a>.
The 7.1 MT of non-pit surplus plutonium to be sent to the WIPP
facility as CH-TRU waste is part of the 34 MT of surplus plutonium that
NNSA had decided to disposition by fabricating it into MOX fuel for use
in commercial reactors. In the same 2020 AROD, NNSA also decided that
non-pit metal processing (NPMP) may be performed at either LANL or SRS.

Purpose and Need for Agency Action

Since the end of the Cold War in the early 1990s and the
Presidential declarations of surplus fissile materials, DOE has been
charged with the disposition of surplus plutonium.
NNSA's purpose in taking action is to support safe and secure
disposition of 34 MT of plutonium that is surplus to the Nation's
defense needs, in a reasonable time frame and at a reasonable cost, so
that it is not readily usable in nuclear weapons. To achieve this, NNSA
must use mature methods and proven technologies that are based on
processes requiring minimal research and engineering development.

Proposed Action and Alternatives

Both the Preferred Alternative and the No Action Alternative in the
Draft SPDP EIS use the dilute and dispose strategy and both address up
to 7.1 MT of non-pit surplus plutonium that NNSA previously decided to
dispose of using the dilute and dispose strategy (85 FR 53350). The
dilute and dispose strategy includes processing surplus plutonium to
plutonium oxide, diluting it with an adulterant to inhibit plutonium
recovery, and disposing the resulting CH-TRU waste at the WIPP
facility.

Preferred Alternative

NNSA's Preferred Alternative is to use the dilute and dispose
strategy for 34 MT of surplus plutonium comprised of both surplus pit
and non-pit surplus plutonium. The exact amounts of pit and non-pit
forms of plutonium that compose the 34 MT are safeguarded, so they
cannot be delineated further. Therefore, to bound the impacts, the
analysis in the SPDP EIS evaluates the impacts of dispositioning 34 MT
of surplus plutonium in pit form and the impacts of dispositioning 7.1
MT of non-pit surplus plutonium. However, the SPDP mission involves
only 34 MT of surplus plutonium. The activities that are part of the
Preferred Alternative would occur at five DOE sites--Pantex in Texas,
LANL in New Mexico, SRS in South Carolina, the Y-12 National Security
Complex (Y-12) in Tennessee, and the WIPP facility in New Mexico. NNSA
has developed four sub-alternatives for the Preferred Alternative based
on the location of activities.

Base Approach Sub-Alternative

Under the Base Approach Sub-Alternative, NNSA analyzes the impacts
of shipping 34 MT of surplus pit plutonium from Pantex to LANL and
disassembling and processing (i.e., PDP) the 34 MT of surplus pit
plutonium at LANL with subsequent shipment of the decontaminated and
oxidized highly

[[Page 77098]]

enriched uranium (HEU) to Y-12. NNSA also analyzes the impacts of
processing 7.1 MT of non-pit surplus plutonium at LANL, using some of
the same capabilities as PDP. This sub-alternative would rely on
expanding existing capabilities at LANL in the Plutonium Facility (PF-
4) for PDP and modifying or building additional support facilities. The
resulting plutonium oxide from the surplus pit and non-pit surplus
plutonium would be shipped to K-Area at SRS, where it would be diluted,
characterized, and packaged for shipment to and disposal at the WIPP
facility.

SRS NPMP Sub-Alternative

The SRS NPMP Sub-Alternative is similar to the Base Approach Sub-
Alternative. NNSA analyzes the impacts of shipping 34 MT of surplus pit
plutonium from Pantex to LANL and PDP of the 34 MT of surplus pit
plutonium at LANL. The decontaminated and oxidized HEU would then be
shipped to Y-12. This sub-alternative would rely on NNSA expanding
existing capabilities at LANL in PF-4 for PDP and modifying or building
additional support facilities. Plutonium oxide resulting from PDP would
be shipped to SRS (K-Area). Unlike the Base Approach Sub-Alternative,
under this sub-alternative, NNSA does not analyze NPMP at LANL.
Instead, processing of 7.1 MT of non-pit surplus plutonium would occur
in the SRS K-Area either in Building 105-K or in a modular system
adjacent to the building. Under this sub-alternative, NNSA considers
the impacts of dilution and characterization and packaging (C&P) of the
diluted plutonium oxide CH-TRU waste in SRS's K-Area for shipment to
and disposal at the WIPP facility.

All LANL Sub-Alternative

Under the All LANL Sub-Alternative NNSA would use only capabilities
at LANL for the entire disposition pathway prior to shipment to the
WIPP facility. Under this sub-alternative, NNSA analyzes the impacts of
shipping 34 MT of surplus pit plutonium from Pantex to LANL, PDP at
LANL, and shipment of the decontaminated and oxidized HEU to Y-12. NNSA
would rely on expanding existing capabilities at LANL in PF-4 for PDP
and modifying or building additional support facilities. NNSA also
analyzes the impacts of processing 7.1 MT of non-pit surplus plutonium
at LANL in PF-4. Under this sub-alternative, NNSA considers the impacts
of dilution in PF-4 and C&P of the diluted plutonium oxide CH-TRU waste
for shipment to and disposal at the WIPP facility.

All SRS Sub-Alternative

Under the All SRS Sub-Alternative NNSA would use only capabilities
at SRS for the entire disposition pathway prior to shipment to the WIPP
facility. Under this sub-alternative, NNSA analyzes the impacts of
shipping 34 MT of surplus pit plutonium from Pantex to SRS and the
disassembly and processing of the 34 MT of surplus pit plutonium and
processing 7.1 MT of non-pit surplus plutonium in a new capability
installed at SRS in either K-Area or F-Area. NNSA analyzes the
subsequent shipment of the decontaminated and oxidized HEU to Y-12 and
the shipment of by-product material to LANL. Under this sub-
alternative, NNSA considers the impacts of dilution and C&P of the
diluted plutonium oxide CH-TRU waste in SRS's K-Area for shipment to
and disposal at the WIPP facility.

No Action Alternative

The No Action Alternative is the continued management of 34 MT of
surplus plutonium. This includes (1) continued storage of surplus pits
at Pantex, (2) continuing the plutonium mission at LANL to process up
to 400 kg of actinides (including surplus plutonium) per year, and (3)
disposition of up to 7.1 MT of non-pit surplus plutonium for which the
decision to use the dilute and dispose strategy was announced in NNSA's
2020 AROD (85 FR 53350).

Final SPDP EIS

Following this public comment period on the Draft SPDP EIS, and
after consideration of comments received, NNSA will prepare a Final
SPDP EIS. NNSA will announce the availability of the Final SPDP EIS in
the Federal Register and local media outlets. If warranted, NNSA will
issue a ROD no sooner than 30 days after publication by the
Environmental Protection Agency of a Notice of Availability of the
Final SPDP EIS.

Signing Authority

This document of the Department of Energy was signed on December 8,
2022, by Jill Hruby, Under Secretary for Nuclear Security and
Administrator, NNSA, pursuant to delegated authority from the Secretary
of Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.

Signed in Washington, DC, on December 9, 2022.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2022-27152 Filed 12-15-22; 8:45 am]
BILLING CODE 6450-01-P

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